All About Estates

Tag: witness

Total 3 Posts

COVID-19: Virtual Witnessing of Wills and POAs Now Allowed

It is no surprise that many people are contemplating their own mortalities during the COVID-19 pandemic and wish to make a will. However, the existing laws are particularly unsuited to making wills in a time of social distancing; it will usually be impossible or unsafe to have two people witness…

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The Test for Capacity to Give Evidence and Special Accommodations

Section 16 of the Canada Evidence Act (“CEA”)[i] sets out the test for capacity to give evidence: 16(1) If a proposed witness is a person of fourteen years of age or older whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry…

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Can an executor act as a witness to a Will?

Two witnesses are sometimes hard to find. In a pinch, could an individual who is appointed as an executor under a Will act as a witness to that Will? In Ontario, the rules governing the formalities of Wills, including the eligibility of witnesses, are set out in the Succession Law…

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